Full Administration With A Will Or Without A Will

When a person dies and leaves assets in their name, certain steps must be taken to transfer those assets to their heirs or beneficiaries of that person’s estate.  There are two types of assets:  probate assets and non-probate assets.  Probate assets are those that must be transferred through the Probate Court and include, but are not limited to, bank accounts, real estate, automobiles, and personal items that are titled solely in the name of the decedent.  Non-probate assets are those that automatically transfer upon death, such as jointly held bank accounts with rights of survivorship, life insurance policies with a designated beneficiary, real estate that is jointly held through a survivorship deed or under a transfer upon death designation affidavit.

Probate assets transfer to beneficiaries with the supervision of the Probate Court in either of two ways:  through the directives contained in a property executed will, or if there is no will through the application of the Ohio statutes of descent and distribution. 

There is no statutory limit on the value of probate assets that can be transferred through a full administration.  It is the only option for larger estates and it is often the method of choice for even smaller estates.  Consultation with an attorney experienced in probate court procedures is recommended when contemplating a full estate administration. 

Items necessary and suggested to file a full administration:

  1. Decedent must have been a Wayne County resident at death;
  2. If probating a Will, prior to filing the Will consider obtaining all of the necessary Waivers of Notice from those persons and entities listed on both sides of the Form 1.0, and complete the Certificate of Service;
  3. If there is a surviving spouse and a Will, consider obtaining prior to filing the Spousal Election (either Form 8.1 or 8.2, as applicable) and Waiver of Service of Citation to Surviving Spouse ( Form 8.6);
  4. The base court cost deposit is $125; and
  5. Complete the applicable Probate Forms found below.

Note:  The Estate Tax filings are not required for estates of decedents who died after December 31, 2012.

Forms

The information contained on this web site is not legal advice, nor should it substitute for the assistance of a qualified attorney. Good legal assistance can speed up the court process and prevent costly legal errors.

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